Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Compassionate Appointment

Compassionate Appointment Service

Service Law – Compassionate appointment – If the monthly income is less than 60% of the total emoluments (which the deceased was drawing at the time of death) less Tax @ 15% (if the income is more than Rs. 10,000/- p.m.) the case for compassionate appointment can be considered

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND OTHERS — Appellant Vs. BALJIT SINGH — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil Appeal…

Compassionate Appointment

Compassionate appointment – – the gross total income of the family per month comes to Rs. 10,323/- and the net income is Rs. 7,618/- per month – Monthly income so arrived at is not less than 60% of the total emoluments and thus, the case of the respondent cannot be considered on compassionate basis on that score – Order of compassionate appointment set-aside – Appeal allowed.

Jun 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND OTHERS — Appellant Vs. BALJIT SINGH — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil Appeal…

Compassionate Appointment

HELD there was no policy existing to govern compassionate appointment to posts under local authorities in the State of West Bengal and hence, in the absence of such a policy, compassionate appointment cannot be granted; second, assuming that there was such a policy, it would be of no redeeming purpose to direct that the applications for appointment on compassionate grounds be considered and decided several years after they were filed.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. DEBABRATA TIWARI AND OTHERS ETC. ETC. — Respondent ( Before : Krishna Murari and B.V. Nagarathna,…

Compassionate Appointment Service

Compassionate Appointment – HELD in the facts and circumstances of the case, the department rightly appointed the respondent’s daughter on the post of Assistant Meter Reader considering her qualification at the time of making the application for compassionate appointment.

Oct 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI JAL BOARD — Appellant Vs. NIRMALA DEVI — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal N0. 7047…

Compassionate Appointment Service

Compassionate Appointment – The object is not to give a member of such family a post much less a post for post held by the deceased – respondent a married daughter her elder sister application for appointment already dismissed HELD respondent not dependent on her mother so claim for appointment on death of mother rejected.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. MS. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE SMT. MADHURI SANTOSH KOLI) — Respondent ( Before…

Compassionate Appointment

Constitution of India, 1950 – Article 14 – An appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AHMEDNAGAR MAHANAGAR PALIKA — Appellant Vs. AHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

You missed

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw